AWARD NO. 14E
Case No. 183
PUBLIC LAW BOARD N0. 158G
PARTIES) THE ATCHISON, TOPEK.,
~UZ
SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAI1TTE1QiU:CE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claims in behalf of former Southern Divi-ion
Trackman avne as follows:
(1) Claim for removal of thirty (30) demerits assessed tiis per
sonal record as a result of investigation conducted on October 12,
1979.
(2) Claim for reinstatement to service with seniority and other
rights unimpaired and pay for all time lost
cumuLencing October
12,
1979, continuing forward until he is reinstated. Such couepersation
to accrue interest at six (6) per cent per annum.
FIiQDINGS: This Public Law Board No. 1582 finds that the parties
erein are
Carrier and Employee within the meaning ox the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was charged with being absent from
duty without authority and for belatedly reporting an alleged onduty injury The claimant was assessed thirty demerits for being
absent without authority and was discharged for his failure to
report the alleged on-duty injury in accordance with the rules.
The transcript and the exhibits submitted have been carefully considered, and it is clear and convinlling that the claimant did not
seek medical attention for his alleged injury for some twenty days
and did not report tha alleged injury to Company officers for some
forty days after the alleged ocrcuirence. Tile ciai:nant adinitcc.d
c.Q
understood it was his responsibility to do so.
Evidence also indicates the claimant approached one member of his
gang attempting to obtain a false statement concerning .his alleged
injury. The
evidence also
establishes that the claimant was absent
without authority during the period from August 15, 1979 through
August 27, 1979.
Therefore, it is the
finding of
the Board that there is no justification to set aside
the discipline
assessed by the Carrier.
l 5~.~ -a~war d ho. ' 143
Page 1
AWARD: Claim denied.
reston J ore, Cha-irman
rban3.zat:.orL 24eu~. er
c
Cart-'r Member